29 the American Convention, in relation to Articles 1(1)65 and 266 of the American Convention, according to the facts of the instant case, the evidence furnished and the parties' arguments. 92. It is a non-disputed fact that Mr. Jesus Tranquilino Vélez Loor, an Ecuadorian national, was detained by the Police of Tupiza, in the Province of Darién, Republic of Panama, on November 11, 2002, because “he did not have the necessary documentation which justified his presence on [said] country.”67 The area in which Mr. Vélez Loor was apprehended is surrounded by jungle and close to the border. The National Police is in charge of the migration controls due to the lack of an immigration authority in the area.68 That day, the person in charge of the post of Nueva Esperanza prepared a report addressed to the Director of the Darien Police Zone69 concerning “the apprehension of two (2) foreigners” at 2:13 of that day, including Mr. Vélez Loor. 93. Mr. Vélez Loor was, according to the official letter N° ZPD/SDIIP 192-02, “placed at the disposal of” the Office of Migration and Naturalization of Darién on November 12, 2002.70 In the town of Meteti, a form of immigration called “filiación” h) the right to appeal the judgment to a higher court. 64 Article 25(1) establishes that: Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 65 Article 1(1) establishes that: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 66 Article 2 of the Convention provides that: [W]here the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 67 Official Letter N° ZPD/SDIIP 192-02 issued by the Subdirectorate of Information and Police Investigation, Darién Police Zone of the Ministry of Government and Justice of Panama on November 12, 2002 (case file of the evidence, volume VI, annex 2 of the response to the application, folio 2482). 68 The State sustained that “Tupiza, a town of the Province of Darién where Mr. Vélez was apprehended, does not have a migration post; therefore, the National Police is in charge of the immigration controls.” See also, Wing, Fernando. “Refugees and the Legislation of the Right to Asylum in the Republic of Panama" (Los Refugiados and la Legislacion sobre el Derecho al Asilo en la Republica de Panama), published in Asylum and Refugee in the Borders of Colombia, PCS, Bogotá, 2003 (case file of the evidence, volume IV annex 17 of the autonomous brief containing pleadings, motions and evidence, folios 1621 to 1622). 69 Cf. Report of novelties issued by the National Police located at the Darien Police Zone, Panama on November 11, 2002 (case file of the evidence, volume III, annex 8 of the application, folio 1211). Note N° AL-0874-04 from the Legal Advisory Services Office of the National Police of the Ministry of Interior and Justice of Panama of March 30, 2004 (case file of the evidence, volume III, annex 6, folio 1206); Note N° 208-DGSP.DAL issued by the General Office of the Penitentiary System of the Ministry of the Interior and Justice addressed to the General Office of Legal Affairs and Treaties of the Ministry of Foreign Affairs on February 22, 2006 (case file of the evidence, volume VIII, annex 25 of the answer to the application, folios 3192 to 3194); Report of the General Director of the National Police of Panama addressed to the General Office of Legal Affairs and Treaties, on February 24, 2006 (case file of the evidence, volume IV, annex 5 of the autonomous brief of pleadings, motions and evidence, folio 1572); Note N° 268-DGSP.DAL issued by the National Prison System Office of Panama addressed to the General Director of the Office of Legal Affairs and Treaties on April 12, 2007 (case file of the evidence, volume IV, annex 13 of the autonomous brief of pleadings, motions and evidence, folio 1605). 70 Cf. Official Letter N° ZPD/SDIIP 192-02, supra note 67; Note N° DNMYN-AL-32-04 from the National Office of Immigration and Naturalization of the Ministry of Interior and Justice of Panama of February 17, 2004 (case file of the evidence, volume III, annex 5 of the application, folio 1203); Report of the General Director of the National Police of Panama, supra note 69; and, Arrest Warrant N° 1430DNMYN-SI issued by the National Office of Immigration and Naturalization of the Ministry of Interior and